Combined Synopsis and Solicitation 7.7.21 - Equip Install.docx

DOCX document 52 KB Posted

Attached to
Vehicle Emergency Equipment Installation Federal contract opportunity
Solicitation number
70US0921R70090056
Issued by
Department of Homeland Security US Secret Service

View the file

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: proposals are being requested and a written solicitation shall not be issued. The solicitation number is 70US0921R70090056 and is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2021-05 effective March 10, 2021. This solicitation is set aside for Total Small Business and the associated North American Industry Classification System (NAICS) code 238210, the small business size standard is $16.5 Million. The anticipated period of performance shall be 60-months from the date of award. The Government intends to award a competitive multiple award Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed Price contract.

FAR 52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020) is applicable to this solicitation.

FAR 52.212-2, Evaluation-Commercial Items and the specific evaluation criteria to be included in paragraph (a) of that provision is applicable to this solicitation.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical capability (ii) price; (iii) past performance.

Selection of award shall be based on Lowest Price Technically Acceptable. To be technically acceptable all requirements must be met in accordance with the attached Statement of Work. All specifications must be met or exceeded.

A completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications-Commercial Items must be included with Offerors proposal. If you have completed the annual representations and certifications electronically through the System for Award Management (SAM), then provide a statement as such and it shall be verified.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

Potential offerors are hereby notified that the solicitation and subsequent amendments to the solicitation shall only be available by downloading the documents at the SAM Website at https://sam.gov. By submitting a response to this solicitation, the vendor shall be self-certifying that neither the offeror nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency.

STATEMENT OF WORK (SOW)

Emergency Equipment Installation and Removal Contract (Multi-Award)

GENERAL INFORMATION

1. INTRODUCTION: The United States Secret Service Uniformed Division (USSS-UD) has a continuous requirement for installation and or removal of emergency equipment such as lights, sirens radios, mounts for mobile laptops, gun racks, consoles, prisoner cage or cell transports, in USSS owned/leased vehicles operated within the Washington, DC area.

1.1 Background: Uniformed Division personnel assigned to Special services Division (SSD) are Responsible for procuring vehicles for operational use from Government Services Administration (GSA) New vehicles are brought in yearly to replace existing vehicles that have aged out and expansion of the fleet to support the ever-evolving mission of the USSS- UD officer.

1.2 Objectives:

· Establish a five-year multi-award IDIQ firm fixed contract for Installation or Removal for USSS-UD Fleet vehicle program, with 2-3 vendors located within a 60-mile radius of Bolling Air Force Base (AFB) where SSD is located.

· Identify those vendors within that 60-mile radius that are familiar with the equipment being provided or purchased by USSS-UD. That can install or remove the equipment according to Equipment manufacture instructions provided with kits. (Any deviation from manufacturer instructions such as location where equipment will be installed will be discussed at time of delivery and clearly documented on Installation preferences sheet and signed off by both USSS point of Contact (POC) and Vendor POC).

· Can provide the services requested within the time lines requested unless otherwise specified at time of delivery.

· Will provide documentation requested for all task orders such as Install preference sheets, pre/post install check sheets copy of which will be provided by USSS POC and reproduced locally by vendor for internal use, task orders and invoicing.

1.3 Scope: The Installation and Removal Contract for Emergency Equipment requirement includes installation and/or removal of mobile components and accessories such as:

· Emergency light and Siren systems (e.g. 4-corner grill, deck, led, visor)

· Radio systems

· Cellular Telephone hands free kits

· Mobile data Terminals

· Equipment consoles

· Pedestal mounts.

· Power management systems

· Prisoner Transport modules

· Gun Racks

· Any incidental parts required to do these installations such as wire, screws, quick disconnect connectors, and heat shrink tubing shall be provided by the vendor and should be factored into quoted pricing.

· These installations will take place at vendor facilities.

1.4. Specific Tasks:

Establish Standard Operating Procedures for Scheduling work.

1. USSS POC will contact vendor to schedule vehicle and equipment drop off.

2. At time of drop off USSS POC will bring USSS Installation Preference sheet Listing:

a) Vehicle Make/Model and Identifiers (SSPN, Tag, and VIN).

b) Checklist of what’s being installed or removed. (E.g. Radio, Lights, Siren, Control units, Antenna etc…)

c) Identify Install as standard or covert (With covert concealed install location identified by USSS POC and not left to the Vendor interpretation).

d) Any deviations from standard or covert install protocols will be identified and agreed upon by both parties at time of delivery.

e) Estimated time needed to complete task will be identified and agreed upon, based on number of cars, at time of delivery.

f) Preference sheet should be signed of my USSS POC as well as Vendor POC.

g) Vendor may request to make a copy for records. Original will be retained by USSS POC to maintain accountability records.

h) Before starting work on any USSS vehicle vendor will conduct a Pre-Post Installation Removal Check on all vehicles systems to identify (See example submitted any preexisting or post action problems with the vehicle and accessory operations. A vehicle pre-post installation/removal checklist will be provided by USSS and locally reproduced by the vendor for internal use. Once the Pre-check is completed and no preexisting issues identified vendor is free to precede with the assigned tasks for that vehicle. Same checks will be done upon completion of install or removal to make sure still runs in the same Manner. Vendor will contact USSS POC to arrange pick up of vehicle and provide a copy of the checklist.

i) Work will be considered complete only after a designated representative of the USSS has a performed operational checkout and review of work performed and has indicated work done was acceptable on Contractor work ticket.

j) Contractor shall be liable for USSS Government owned or leased vehicles, equipment, or property that is damaged as a result of contractor actions.

k) Contractor shall be responsible for any and all repairs necessary to correct damages caused by or resulting from work performed by the contractor.

1.4.1. Vendor Task List

CLIN
TASK NAME
DESCRIPTION
QUANTITY
001
Radio Installs - (Standard and Concealed)
Install (1) complete mobile radio system in a USSS owned/leased vehicle. “Complete mobile radio system” defines a mobile radio, control unit, control cables, power cables and an antenna system as provided by the USSS. The control unit and mobile radio are not required to be concealed when installed in a “standard install” configuration. Concealed refers to the radio unit being mounted out of visual perception (i.e., the control head can be mounted in a glove box or console and the mobile radio can be mounted under the f/r seat or in the trunk).
Indefinite Quantity NTE 60 vehicles annually
002
Radio Installs - Motorcycle only
Installation of APX 8500 radio system along with PVP branded communications headset system. Radio Receiver mounted in pre-designated concealed space. Location and specs for installation will be provided by USSS POC at time of delivery.
Indefinite Quantity NTE 60 vehicles annually
003
Radio and Siren Installs - (Standard and Concealed)
Same as CLIN 001with the addition of a siren unit installed at the time of the radio installation and as part of the overall radio communications system in a standard or concealed configuration.
Indefinite Quantity NTE 60 vehicles annually
004
Siren Install
Install a siren system in a USSS owned/leased vehicle that currently has an emergency radio communication system installed (standard or concealed). Details consist of mounting a siren amplifier unit, a siren speaker, power cables and routing the interface cable to the radio system. Siren is not required to be concealed.
Indefinite Quantity NTE 60 vehicles annually
005
Light Bar System Install
Install a complete stand-alone light bar system on a USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
006
Light Bar and Siren System Install
Install a light bar and siren system in a vehicle. The light bar and siren system control unit is integrated or common to both systems.
Indefinite Quantity NTE 60 vehicles annually
007
Grill Light System Install
Install an emergency light system in the grill of a USSS owned/leased vehicle. Details include centering and mounting of emergency light in vehicle grill area, routing wires and installing switch/hardware. All system components shall be supplied by the USSS.
Indefinite Quantity NTE 60 vehicles annually
008
Install Corner LED Light System
Install a (4) corner LED light system into a USSS owned/leased vehicle. System will typically include mounting (1) strobe bulb/LED in each headlight and taillight and mounting the associated power supply. Power will be routed to a control switch that shall be supplied 12vdc via a USSS provided fuse lead. Bulb placement will be established at the time of install. All major system components (e.g., power supply, bulbs/LEDs, switch, and fused-lead) will be provided by the USSS.
Indefinite Quantity NTE 60 vehicles annually
009
Install Front/Rear/Side Window Emergency Light
Install an emergency light in the front, rear, or side window of a USSS owned or leased vehicle. Lights shall be wired to a control switch near the driver. Wiring used to extend the light to the switch shall be rated for the current draw of the light used. Power to the switch will be wired to a 12vdc source and routed through a fused lead. Major components of the system (e.g., flasher unit, control switch, fuse system) shall be provided by the USSS. The USSS may purchase various components of the system from a contractor separately from this instrument prior to work being performed.
Indefinite Quantity NTE 60 vehicles Annually
010
Install Equipment Console and pedestal mounts
Install an equipment console or Computer mount in a USSS vehicle provided or purchased by the USSS.
Indefinite Quantity NTE 60 vehicles annually
011
Install Electric Gun Rack
Install an electronic gun rack in a USSS vehicle. Either vertical/horizontal mount provided or purchased by the USSS.
Indefinite Quantity NTE 60 vehicles annually
012
Install Prisoner Transport Cages
Install either a Split cell or single cell cage insert for the back seat of a vehicle for prisoner transport. Cage will be provided or purchased by the USSS
Indefinite Quantity NTE 60 vehicles annually
013
Install Prisoner Transport Cell
Install large scale prisoner cell insert for a large-scale van that can hold 10-12. Cage will be provided or purchased by the USSS
Indefinite Quantity NTE 60 vehicles annually
014
Install Cellular Phone Hands-free Kit
Install a Cellular Phone Hands Free kit. Basic installation components include an external antenna, remote microphone, external speaker and associated junction box/power supply. All system components shall be supplied or purchase by the USSS.
Indefinite Quantity NTE 60 vehicles annually
015
Install Mobile Data Terminals
Install mobile digital computer. Basic components include screen keypad or keyboard for entering information and the ability to connect to peripheral devices. All system components shall be supplied or purchased by the USSS.
Indefinite Quantity NTE 60 vehicles annually
016
Install Electronic Power Management System
Install electronic power management system components and wiring as a separate system designed to reduce battery power drain due to 12v use by radio, siren and light components when vehicle is in the OFF state. The electronic Management system refers to timers and circuit breakers installed as a system. Not a stand-alone circuit breaker or timer.
Indefinite Quantity NTE 60 vehicles annually
017
Radio Removal - (Standard and Concealed)
Remove emergency radio systems from USSS owned/leased vehicles.
Indefinite Quantity NTE 60 vehicles annually
018
Radio and Siren Removal - (Standard and Concealed)
Remove integrated radio and siren systems from USSS owned/leased vehicles
Indefinite Quantity NTE 60 vehicles annually
019
Siren Removal
Remove siren systems from USSS owned/leased vehicle
Indefinite Quantity NTE 60 vehicles annually
020
Light Bar System Removal
Remove light bar systems from USSS owned/leased vehicle
Indefinite Quantity NTE 60 vehicles annually
021
Light Bar and Siren System Removal
Remove integrated light bar and siren systems from USSS owned/leased vehicle
Indefinite Quantity NTE 60 vehicles annually
022
Grill Light System Removal
Remove Grill light System and associated installation components and wiring from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
023
Corner LED Light System Removal
Remove (4) corner LED light system as well as associated installation components from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
024
Front/Rear/Side Window Emergency Light Removal
Remove front/rear/side window emergency lights from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
025
Equipment Console and pedestal mount Removal
Remove Consoles and pedestal mounts from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
026
Electric Gun Rack Removal
Remove vertical or horizontal electric gun racks from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
027
Prisoner Transport Cage Removal
Remove Prisoner transport single cell or split cell cages from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
028
Prisoner Transport Cell Removal
Remove Prisoner Transport cell from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
029
Cellular Phone Hands free Kit Removal
Remove Cellular Phone Hands Free kit and basic installation components and wiring from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
030
Mobile Data Terminals Removal
Remove mobile digital computer and basic installation components and wiring from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually
031
Electronic Power Management System Removal
Removal of electronic power management system components and wiring from USSS owned/leased vehicle.
Indefinite Quantity NTE 60 vehicles annually

1.5 General Information

1.5.1 Date of Completion: Date of completion will be based on when vehicles and equipment get Delivered to vendor, and the number of installs and removals requested in a single task order. Estimated period of performance for an install is one week or better for a single install.

1.5.2 Place of Delivery: USSS-UD POC will be responsible for delivering equipment and Vehicles to the agreed upon location on the set time and date provided by vendor

1.5.3 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0500 – 1330, Monday through Friday with vendor POC unless otherwise stated, and except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4 Type of Contract: The Government will award a multi award firm fixed price contract to 2-3 vendors within a certain radius of Bolling AFB in order to meet required load within the time constraints provided

1.5.5.1 Privacy Act: No Personal Identifiable Information (PII) will be exchanged for this requirement. And all radio equipment provided for installation is in a strictly testing status. Programming is handled after installation by USSS personnel.

1.5.5.2 Physical Security: Vendor must demonstrate that they have secure storage at sight for both vehicles and emergency equipment. USSS-UD POC will determine if contractor facility demonstrates adequate security for vehicle and equipment.

1.5.5.3 Key Personnel: The contractors shall provide a point of contact, and a secondary POC (TBD) who shall be responsible for the tasks listed below. The Contractor POC’s identified shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The POC or alternate shall have full authority to act for the contractor on all contract matters, and should have the following capabilities.

USSS POC’s:

Install Specs USSS 4-Wheeled Fleet Vehicles:

Rich Mason, Richard.Mason@usss.dhs.gov O: 202-610-6741, C: 202-538-9226 Or Russ Cornell, Russell.Cornell@usss.dhs.gov O: 202-610-6742, C: 202-538-9251

Install Specs USSS 2-Wheeled Fleet Vehicles:

Chris Nacinovich, Christopher.Nacinovich@usss.dhs.gov O: 202-610-6740, C: 202-360-1601 Or Russ Cornell, Russell.cornell@usss.dhs.gov O: 202-610-6742, C: 202-538-9251

USSS POC Responsibilities:

· Work requests shall be submitted by the USSS to a contractor by means of an order or call number assigned by the USSS for each individual job. A job may be composed of several tasks. A work ticket shall either reflect all of the tasks with all of the required information for each task under the assigned USSS call number or a separate work ticket shall be generated for each task under one USSS call number.

· The USSS may communicate the work request to the contractor either orally or in writing (e.g., telephone, facsimile, e-mail, document), however the contractor is advised that disputed items will only be honored with evidence of prior written requests by the Government for work or jobs.

Contractor POC Responsibilities:

· Contractor POC must have the ability to communicate with customers, orally and in writing (English).

· Must have the ability to evaluate workload, determine sequence tasks will be completed in order to meet USSS mission requirements.

· Must be an expert (certified) in emergency equipment installation and have the ability to apply instructions provided by the manufacture to the types of vehicles being provided.

· Make sure work is completed in a consistent manner by all contractor staff (e.g. Equipment and wiring will be installed in the same manner in all vehicles. If wiring is laid to the right in Ford SUV’s all Ford SUV’s shall have the wiring laid to the right.

· If asked Contractor must have the ability to provide as built install drawings. This task requires the contractor to provide under task item (tasks 001-015), general as-built drawings upon request for any job/task. Drawing shall designate make, model, year of vehicle and specific equipment as wired Documents such as Task Order, Invoicing, and if needed detailed specs on how the work is completed in the different types of vehicles provided by USSS.

· Contractors shall provide the USSS a Summary Invoice (see sample invoice). The summary invoice consists of 1-2 pages and contains all work performed under a specific call number (provided by USSS). It displays an itemized list of services (or products), quantities, costs and references each work ticket sequentially. All invoices provided by the contractor under this agreement must contain the following information:

1. Name, address & telephone# of Contractor

2. Date of Invoice

3. Invoice number

4. Bill To – address of payer (USSS)

5. Contract number

6. Company Tax ID number

7. Itemized list of services and/or products, referenced by work ticket(s) (sequentially)

8. USSS call number(s) (provided by USSS)

9. Requisition number (provided by USSS)

10. Delivery ticket(s) + Date(s) of delivery (if applicable)

11. Invoice total

1.5.5.4 Identification of Contractor Employees: N/A

1.5.6. Contractor Travel: N/A

1.5.7 Other Direct Costs: N/A

1.5.8 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include; Copies of task orders and any internal notes regarding install and removals, Specifications and diagrams detailing Contractor installs based on vehicle type and whether it’s a standard install or covert. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.5.9 Organizational Conflict of Interest: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (C.O.). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.4. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.2. ACRONYMS

PM Program Manager POC Point of Contact SOW Statement of Work SSD Special Services Division SSPN Serialized Property identifier number Tag License Plate Number USSS-UD United States Secret Service Uniformed Division VIN Vehicle Identification Number

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will transport vehicles (SUV’s, Trucks, Minivans, Full Size Vans, and Motorcycles), and equipment to be installed to and from contractor for Installation and removal.

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: The Government will provide the following Equipment and associated Components. USSS reserves the right to make changes to equipment provided And will check with company

1. Emergency Radio Kit – Current unit provided by USSS Motorola APX8500 v/u/7-8 MP Model: M37TSS9PW1AN

2. Whelen/Motorola: Siren Amplifier Model: TT2592A

3. Motorola Radio Interior Speaker

4. Antenna

5. Siren Speaker

6. Lights: Manufacturer Code 3 C-3100U

a) Light Bar, C129096

b) 2-Grill Lights, CD5051RB-CM

c) 4-Bumper Lights, Micropak-DC-RB

d) Visor Light Passenger side

e) Side Mirror Lights, M1805MC-RB-CM

f) 2-Side Rear lights in rear quarter panel windows XT-304

g) 1- Rear window Light, CSTIK-MR-RB

h) LED in taillights

7. Controller (Siren & Light control head) Z3P1

8. Gun Racks Lund SS-GM2-F150 & Code 3 SS-2GM2-FPIU

9. Trunk Tray

10. Center Console with computer mount

11. Prisoner Transport- Various sizes and requested configurations based on vehicle sizes. Full prisoner partition, partitioned rear, with seats and floor pan, transport cell for large scale vans insert Brands used

a) Havis Prisoner Trans Insert PT-C01-100-2

b) Havis Rear Step PT-A-101

c) Havis Flip Down Rear Step PT-A-903

d) Havis Chevrolet G Series Prisoner Transport Vent Adaptor PT-A-501

e) Setina Prisoner Transport 10XL Partition Full Prisoner Partition with 2nd partition rear, transport seat and floor plan

f) Setina Single partition 6VS SPT coated poly partition with 2nd partion rear, full transport seat, floor plan.

· Any incidental parts required to do these installations such as wire, screws, quick disconnect connectors, and heat shrink tubing shall be provided by the vendor and she be factored into quoted pricing. Smaller replacement components can be purchased through the vendor.

· As Uniformed Division makes upgrades on its Emergency equipment, Uniformed Division reserves the right to make changes to make/model of Emergency lights, sirens, and other components. Choice of emergency radio will always be determined by Chief Information Office/IRMD.

3.5 Materials: The Government will provide Copies of the following for duplication and use by Contractor:

· Installation/ Removal Preference Sheet

· Installation/Removal Pre-post checklist

· Install instructions with Equipment kits.

CONTRACT CLAUSES

Clauses incorporated by reference:

52.232-18 Availability of Funds. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

. . . www.acquisition.gov/far Homeland Security Acquisition Regulation (HSAR):

. . . http://www.dhs.gov/interweb/assetlibrary/cpo_hsar_finalrule.pdf (End of clause)

Clauses incorporated by full text:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 X (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
X (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

X (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

X (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

X (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .